Transcription

1 Part 91 CAA Consolidation 1 April 2014 General Operating and Flight Rules Published by the Civil Aviation Authority of New Zealand

2 DESCRIPTION Part 91 is an important rule as it forms the basis of general operating and flight rules for the New Zealand aviation environment. The requirements ensure that the safe operation of aircraft is possible with the minimum endangerment to persons and property. Part 91 applies to all operators of aircraft as well as passengers by establishing general rules applicable to operators and passengers operating and general flight rules rules for VFR and IFR operations instruments and equipment requirements for aircraft operator maintenance requirements special flight operating requirements such as aerobatics, air displays, towing gliders and aircraft used for parachuting operating foreign registered aircraft limitations on aircraft noise This document is the current consolidated version of Part 91 produced by the Civil Aviation Authority, and serves as a reference only. It is compiled from the official ordinary rules that have been signed into law by the Minister of Transport. Copies of the official rule and amendments as signed by the Minister of Transport may be obtained from the Civil Aviation Authority or may be downloaded from the official web site at: 1 April CAA of NZ

3 Bulletin This Part first came into force on 1 April 1997 and now incorporates the following amendments: Amendment Effective Date Amendment 1 25 December 1997 Amendment 2 25 December 1997 Amendment 3 1 January 1998 Amendment 4 23 April 1998 Amendment 5 15 July 1999 Amendment 6 24 January 2002 Amendment 7 1 July 2002 Amendment 8 28 July 2003 Amendment 9 1 August 2003 Amendment 10 I June 2004 Amendment 11 5 August 2004 Amendment November 2004 Amendment May 2006 Amendment June 2006 Amendment 15 1 March 2007 Amendment March 2007 Amendment October 2007 Amendment November 2007 Amendment October 2008 Amendment 20 3 December 2009 Amendment March 2010 Amendment November 2011 Amendment 23 1 April 2014 Summary of amendments: Amendment 1 (Docket 1296) Amendment 2 (Docket 1259/1253) Amendment 3 (CAR/1037/1106) Table 2 in rule is amended to insert provision for an SSR code for civil helicopters is amended to include a cross reference to rule is revoked and replaced , , , and inserted. Amendment inserted to enable 1 April CAA of NZ

4 (98/CAR/1300) certification of aircraft for operations within RNP designated airspace. Amendment 5 (97/CAR/1255) Amendment 6 (1/CAR/1359) Amendment 7 (97/CAR/1255) is revoked and a new is rule inserted to provide for VFR meteorological minima is revoked and a new rule is inserted to incorporate provisions for simplified VFR flight planning. The following rules in Subpart A are revoked and replaced: 91.7 and 91.9 The following rules in Subpart B are revoked and replaced: , , , , , , and Rule is inserted. The following rules in Subpart C are revoked and replaced: , , , , , , , , and The following rules in Subpart D are revoked and replaced: and The following rules in Subpart E are revoked and replaced: , , , , , and The following rules in Subpart F are revoked and replaced: , , , , , , , , and The following rules in Subpart G are revoked and replaced: , 1 April CAA of NZ

5 91.609, , , , and The following appendices are revoked and replaced: A.3, A.4, A.5, A.6, A.9, A.10, A.14, A.15, A.18, A.19, A.22 and A.23. Amendment 8 (99/CAR/1342) Amendment 9 (2/CAR/2) Amendment 10 (CA Amendment Act 2004) Amendment 11 (98/CAR/1304) Amendment 12 Rule is revoked and replaced. The following rules in Subpart J are revoked and replaced: , , and Rule is inserted. The following rules are revoked and replaced: and Rules 91.5(a) and (b) are revoked. Rule 91.7(b) is amended to delete reference to New Zealand registered. Rule is revoked and replaced. Rule 91.1 is revoked and replaced. Rule is revoked. The following rules in Subpart B are revoked and replaced: , , , , , The following rules in Subpart C are revoked and replaced: , The following rules in Subpart D are revoked and replaced: , and The following rule in Subpart E is revoked and replaced: Rules , and are 1 April CAA of NZ

13 Subpart A General 91.1 Purpose (a) This Part prescribes general operating and flight rules for the operation of civil aircraft. (b) Subject to paragraphs (c)(1) and (d), the following rules also apply to members of the New Zealand Defence Force and any aircraft operated by the New Zealand Defence Force within the territorial limits of New Zealand: (1) Rule : (2) Rules to , when operating in the vicinity of civil aircraft: (3) Rule , when operating in the vicinity of civil aircraft: (4) Rule : (5) Rule : (6) Rules to : (7) Rule : (8) Rule : (9) Rules to : (10) Rules to : (11) Rule : (12) Rule April CAA of NZ

14 (c) This Part does not apply to (1) any member of the New Zealand Defence Force or any aircraft operated by the New Zealand Defence Force acting in connection with (iii) (iv) (v) any war or other like emergency; or the defence of New Zealand and other New Zealand interests; or aid to the civil power in time of emergency; or the provision of any public service; or any operation performed within a restricted, danger, or military operating area designated under Part 71 for military purposes; and (2) persons operating aircraft to which Part 101 applies; and (3) persons and equipment to which Part 105 applies. (d) The following rules do not apply to any member of the New Zealand Defence Force or any aircraft operated by the New Zealand Defence Force performing training for an operation specified in paragraph (c)(1) if that training cannot be performed in accordance with the rule: (1) Rule (b): (2) Rule : (3) Rule , if training outside controlled airspace: (4) Rule , if training outside controlled airspace: (5) Rule , if training outside controlled airspace. (e) The following rules do not apply in the case of air operations conducted in New Zealand under an Australian AOC with ANZA privileges: 1 April CAA of NZ

17 device that is designed to transmit electromagnetic energy, on any aircraft while that aircraft is operating under IFR. (b) Except as provided in paragraph (c), no person may operate, nor may any operator or pilot-in-command of an aircraft allow the operation of, any portable electronic device on any aircraft flying under IFR during an instrument approach or departure procedure or during any other critical phase of flight. (c) Paragraph (b) does not apply to (1) hearing aids; (2) heart pacemakers; (3) portable voice recorders; (4) electric shavers; (5) electronic watches; or (6) any other portable electronic device if the operator of the aircraft has determined that the portable electronic device to be operated will not cause interference with any aircraft system or equipment in the aircraft on which it is operated. (d) In the case of (1) an aircraft being operated on air transport operations, the determination required by paragraph (c)(6) must be made by the operator of the aircraft on which the particular device is to be used; and (2) any other aircraft, the determination required by paragraph (c)(6) may be made by the pilot-in-command or the operator of the aircraft on which the particular device is to be used Carriage and discharge of firearms (a) Except as provided in paragraphs (c) and (e), no person may (1) carry a firearm in an aircraft; or 1 April CAA of NZ

18 (2) cause a firearm to be carried in an aircraft; or (3) permit a firearm to be carried in an aircraft. (b) Except as provided in paragraph (d) no person may discharge a firearm while on board an aircraft. (c) A firearm may be carried in an aircraft if (1) the firearm is stowed in a place that is inaccessible to every person during flight; and is disabled; or (2) the aircraft is being used solely for the carriage of the person or group of persons associated with the firearm; and the operator permits the carriage of the firearm; and the firearm is disabled; or (3) the aircraft is carrying livestock and the operator considers it may be necessary to immobilise livestock for the safety of the aircraft or its occupants; or (4) the aircraft is being used for the purpose of shooting or immobilising animals on the ground if the firearm is not loaded until the aircraft is in the area within which the firearm is intended to be discharged; and the aircraft carries only those persons performing an essential function associated with the operation of the aircraft or the shooting or immobilisation of animals on the ground. (d) A firearm may be discharged 1 April CAA of NZ

19 (1) in an aircraft carrying livestock if a crew member considers it necessary to immobilise livestock for the safety of the aircraft or its occupants; or (2) from an aircraft for the purpose of shooting or immobilising animals on the ground if the discharge of the firearm does not pose a hazard or cause injury or damage to persons or property on the ground; and the firearm is not discharged over any congested area of a city, town, or settlement or over any open air assembly of persons. (e) A firearm may be carried in an aircraft by a person employed by the police, another law enforcement agency, or a military service if (1) the aircraft is being operated on an air transport or commercial transport operation, carrying fare paying passengers and the person carrying the firearm (iii) (iv) is lawfully entitled to carry a firearm in the course of their duties; and is carrying the firearm in the course of their duties; and has been approved to carry the firearm on the aircraft by the Director under paragraph (f); and complies with any conditions or restrictions imposed by the Director under paragraph (f); or (2) the aircraft is being operated solely for the carriage of police officers, law enforcement officers, military personnel, and persons under the care of such officers or personnel, and the firearm is unloaded; or (3) the aircraft is being operated for a police, law enforcement, or military operation, and only persons performing an essential function associated with the police, law enforcement, or military 1 April CAA of NZ

20 operation, or the operation of the aircraft, are carried in the aircraft. (f) Upon application from the Commissioner of Police, the head of any other law enforcement agency, or the Chief of the Defence Force, the Director (1) may approve a police officer, a law enforcement officer, or a military service person to carry a firearm in an aircraft that is being operated on an air transport or commercial transport operation, carrying fare paying passengers, if the Commissioner of Police and the operator concerned consent to the carriage of a firearm in the aircraft; and (2) may impose such conditions or restrictions as the Director considers appropriate; and (3) must advise the applicant, the operator, and the Commissioner of Police of the decision. (g) Unless otherwise determined by the Director, an application for approval under paragraph (f) must be made, to the Director at least one working day before the air transport or commercial air transport operation is intended to commence. (h) Before the commencement of an air operation where a firearm will be carried in an aircraft by a person under paragraph (e)(1), the operator must inform the pilot-in-command of the number of persons carrying firearms and their position in the aircraft Prohibition against interference with aircraft and aviation facilities A person must not tamper or interfere with any aircraft, any component of an aircraft, or its equipment, including, but not limited to, smoke detectors, or with fixed or mobile equipment used for the operation or navigation of any aircraft Aircraft noise and vibration A person shall be barred by section 97 of the Act from bringing an action for nuisance in respect of the noise or vibration caused by an aircraft or aircraft engine on an aerodrome if 1 April CAA of NZ

21 (1) the aircraft is taking off or landing; or (2) the aircraft is manoeuvring on the ground or water; or (3) any person is operating any engine in the aircraft, prior to takeoff for the purpose of ensuring satisfactory engine performance; or that the instruments, accessories, or other components are in a satisfactory condition Fuelling of aircraft A person refuelling or defuelling an aircraft must ensure that (1) fuelling or defuelling of the aircraft is performed in compliance with the applicable requirements of the regulations made under the Hazardous Substances and New Organisms Act 1996; and (2) the aircraft is not refuelled or defuelled with Class 3.1A flammable liquid when a person is embarking, on board, or disembarking the aircraft, or when one or more of the propulsion engines are running; or (3) the aircraft is not refuelled or defuelled with a Class 3.1C or a Class 3.1D flammable liquid when a person is embarking, on board, or disembarking the aircraft. Subpart B Operating Rules Aircraft airworthiness (a) Except as provided in paragraph (c), Part 103, and Part 106, a person must not operate an aircraft unless (1) the aircraft has a current airworthiness certificate; and is in an airworthy condition; or 1 April CAA of NZ

22 (2) the aircraft is operated in accordance with a special flight permit issued in accordance with Part 21. (b) A person operating an aircraft that has an airworthiness certificate or a special flight permit as required in paragraph (a) must comply with (1) any operating limitations issued with the airworthiness certificate or special flight permit; and (2) the markings and placards that are required by the Civil Aviation Rules to be displayed in the aircraft. (c) A person may operate an aircraft that does not have a current airworthiness certificate for the purpose of demonstrating the eligibility of the aircraft for the issue, renewal, or reinstatement of an airworthiness certificate if (1) a type certificate or type acceptance certificate for the aircraft type is in force in accordance with Subpart B of Part 21; and (2) the aircraft complies with the requirements prescribed in rule ; and (3) a person meeting an applicable requirement in rule (a)(1) to (5) certifies that the aircraft is fit for flight; and (4) the pilot-in-command is the holder of an appropriate, current pilot licence and type rating or a validation permit, issued in accordance with Part 61 for the aircraft; and (5) no other person is carried unless that person performs an essential function in connection with the operation Restricted category airworthiness certificate operating limitations No person shall operate an aircraft issued with a restricted category airworthiness certificate under Part 21, Subpart H for flight instruction other than (1) conversion instruction for a type rating; or 1 April CAA of NZ

23 (2) flight instruction for the issue of an agricultural rating; or (3) flight instruction for the specific operational purpose for which the aircraft is certificated Special category airworthiness certificates operating limitations (a) Except as provided in paragraph (b), a person must not operate an aircraft that has a special category airworthiness certificate for the carriage of a person or goods for hire or reward. (b) Paragraph (a) does not apply to a person operating an aircraft that has a special category airworthiness certificate if the carriage of a person is for hire or reward and (1) the person being carried is the holder of a flight instructor rating issued by the Director under the Act and Part 61 and subject to paragraphs (e), (f)(2), (g)(1), and (j)(2) as appropriate, is giving flight instruction in the aircraft; or is giving conversion instruction for an aircraft type rating on the aircraft; or (2) the person being carried is required to perform a function essential to the operation of the aircraft under paragraph (e); or (3) the aircraft has a special category primary, special category LSA, or special category limited airworthiness certificate and is operated under the authority of an adventure aviation operator certificate that has been issued by the Director under the Act and Part 115. (c) Except if taking off or landing, a person must not operate an aircraft that has a special category airworthiness certificate over a congested area of a city or town unless the aircraft has been authorised to do so by the Director in writing. (d) A person operating an aircraft that has a special category airworthiness certificate must inform each person carried in the aircraft of 1 April CAA of NZ

24 the warning specified in the placard that is required by rule to be installed in the aircraft. (e) Except as provided in paragraph (k), a person must not operate an aircraft that has a special category experimental airworthiness certificate for any purpose other than (1) researching and developing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft; or (2) showing that the aircraft complies with applicable airworthiness rules; or (3) performing a flight evaluation; or (4) giving conversion instruction for an aircraft type rating on the aircraft. (f) A person operating an aircraft that has a special category exhibition airworthiness certificate (1) must operate the aircraft in accordance with the operator statement required by rule 47.55(c) to accompany the certificate of registration for the aircraft; and (2) must not operate the aircraft for any of the following purposes: (iii) (iv) giving flight instruction to a person for the issue of a pilot licence or rating, except for conversion instruction for an aircraft type rating on the aircraft, unless approved by the Director: performing an agricultural aircraft operation: performing a helicopter external load operation under Part 133 unless the performance of an external load operation is approved by the Director for participation in an aviation event: the carriage of a person other than a person who is permitted to be carried in accordance with the operator 1 April CAA of NZ

25 statement required by rule 47.55(c) to accompany the certificate of registration for the aircraft, or who is carried under paragraph (2). (g) A person must not operate an aircraft that has a special category amateur-built airworthiness certificate for any of the following purposes: (1) giving flight instruction to a person for the issue of a pilot licence or rating, except for conversion instruction for an aircraft type rating on the aircraft, if the person is not the amateur constructor or owner of the aircraft: (2) performing an agricultural aircraft operation: (3) performing a helicopter external load operation under Part 133. (h) A person must not operate an aircraft that has a special category primary airworthiness certificate for any of the following purposes: (1) performing an agricultural aircraft operation: (2) performing a helicopter external load operation under Part 133. A person must not operate an aircraft that has a special category LSA airworthiness certificate to perform an agricultural aircraft operation. (j) A person operating an aircraft that has a special category limited airworthiness certificate (1) must operate the aircraft in accordance with the operator statement required by rule 47.55(c) to accompany the certificate of registration for the aircraft; and (2) must not operate the aircraft for any of the following purposes: giving flight instruction to a person for the issue of a pilot licence or rating, except for conversion instruction for an aircraft type rating on the aircraft, unless approved by the Director: performing an agricultural aircraft operation: 1 April CAA of NZ

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